Gerald Wright v. D. Davey et al

Filing 16

FINDINGS and RECOMMENDATIONS recommending that case be dismissed, with prejudice, for failure to respond to Court Orders and failure to state a claim 13 signed by Magistrate Judge Gary S. Austin on 11/29/2017. Referred to Judge Dale A. Drozd; Objections to F&R due within 14-Days.(Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERALD WRIGHT, 12 Plaintiff, 13 14 vs. D. DAVEY, et al., 15 Defendants. 16 FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT THIS CASE BE DISMISSED, WITH PREJUDICE, FOR FAILURE TO RESPOND TO COURT ORDERS AND FAILURE TO STATE A CLAIM (ECF No. 13.) OBJECTIONS, IF ANY, DUE IN FOURTEEN (14) DAYS 17 18 1:16-cv-01881-GSA-PC I. BACKGROUND 19 Gerald Wright (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis 20 with this civil rights action pursuant to 42 U.S.C. § 1983. On December 9, 2016, Plaintiff filed 21 the Complaint commencing this action at the United States District Court for the Central 22 District of California. (ECF No. 1.) On December 15, 2016, Plaintiff’s case was transferred to 23 this court. (ECF No. 4.) 24 On August 31, 2017, the court screened the Complaint and issued an order dismissing 25 the Complaint for failure to state a claim, with leave to amend within thirty days. (ECF No. 26 13.) The thirty-day deadline has passed and Plaintiff did not file an amended complaint or 27 otherwise responded to the court’s order. As a result, there is now no pleading Complaint on 28 file. 1 1 On October 20, 2017, the court issued an order to show cause, requiring Plaintiff to 2 respond within fourteen days, showing cause why this case should not be dismissed. (ECF No. 3 14.) The fourteen-day deadline has expired and Plaintiff has not filed a response to the order to 4 show cause. 5 Accordingly, IT IS HEREBY RECOMMENDED that: 6 1. Pursuant to 28 U.S.C. § 1915A and 28 U.S.C. § 1915(e), this case be 7 DISMISSED, with prejudice, based on Plaintiff’s failure to respond to court 8 orders and failure to state a claim upon which relief may be granted under § 9 1983; and 10 2. 11 These findings and recommendations are submitted to the United States District Judge The Clerk be directed to close this case. 12 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). 13 fourteen (14) days from the date of service of these findings and recommendations, Plaintiff 14 may file written objections with the court. Such a document should be captioned “Objections 15 to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 16 objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 17 Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 18 (9th Cir. 1991)). Within 19 20 21 22 IT IS SO ORDERED. Dated: November 29, 2017 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 2

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